New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM
Subchapter 1A - DEFINITIONS
Section 17:4-1A.1 - Definitions

Universal Citation: NJ Admin Code 17:4-1A.1
Current through Register Vol. 56, No. 18, September 16, 2024

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Authorized to carry a firearm while engaged in the performance of his or her official duties" means so authorized by a statute. It is not required that an employee actually carries a firearm while engaged in official duties, but the employee shall be legally authorized and qualified to do so.

"Board of Trustees" or "Board" means the Board of Trustees of the PFRS established pursuant to 43:16A-13.

"Child," for purposes of determining a survivor's benefit under N.J.S.A. 43:16A-12.1 and 43:16A-1(21), shall mean a deceased member's or retirant's unmarried child that is:

1. Under the age of 18;

2. Eighteen years of age or older and enrolled in a secondary school;

3. Under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member died in active service as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's willful misconduct; or

4. Of any age, when, at the time of the member's or retirant's death, the child is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his or her impairment has lasted, or can be expected to last, for a continuous period of not less than 12 months, as affirmed by the medical review board of the Board. For purposes of determining whether a child qualifies under this paragraph, the child's disability must have developed before the child's emancipation.

"Direct supervision" and "general supervision" includes conducting performance evaluations, disciplining, adjusting grievances, rewarding and assigning and directing the work of other employees.

"Director" means the Director of the Division of Pensions and Benefits in the Department of the Treasury.

"Division" means the Division of Pensions and Benefits, Department of the Treasury, in the State of New Jersey.

"Employer" means the State of New Jersey or the county, municipality or political subdivision thereof that pays the particular police officer or firefighter.

"Final compensation" means the base salary received for the 12 months immediately preceding retirement. For employees enrolled into the PFRS on or after May 21, 2010 "final compensation" means the average annual compensation for the last three years of service, or any three fiscal years of membership that provide the largest possible benefit to the member or the member's beneficiary. Final compensation does not include extra compensation or money given in anticipation of retirement.

"Firefighter" shall have the meaning ascribed to that term by P.L. 1989, c. 204 (43:16A-1 ).

"Firefighting unit" means a municipal fire department, a fire district or an agency of a county or the State that is responsible for control and extinguishment of fires.

"Law enforcement unit" means any police force or organization in a municipality, county or the State, which has by statute or ordinance the responsibility of detecting crime and enforcing the criminal laws of this State.

"Permanent firefighter" under a civil service jurisdiction means a full-time firefighter applicant who successfully completes the Firefighting 1 certification pursuant to N.J.A.C. 5:73-4.2, 4.3, and 4.4 and receives a regular appointment in a civil service location pursuant to N.J.A.C. 4A:4-5.1(a). For wildland and forestland firefighters in the State Forest Fire Service whose titles/positions and training fall under the authority of the Department of Environmental Protection (DEP) in the Division of Parks and Forestry, "permanent firefighter" means a full-time firefighter applicant who successfully completes the firefighter training and qualification requirements established by the DEP, pursuant to N.J.S.A. 13:9-7.1, and receives a regular civil service appointment in the DEP's Forest Fire Service, pursuant to N.J.A.C. 4A:4-5.1(a). "Permanent firefighter" under a non-civil service jurisdiction means a full-time firefighter applicant who successfully completes the Firefighting 1 certification pursuant to N.J.A.C. 5:73-4.2, 4.3, and 4.4 and is employed in a regular budgeted position.

"Permanent police officer" under a civil service jurisdiction means a full-time police applicant who receives a certification of successful completion of the basic training course approved by the Police Training Commission (PTC) pursuant to 52:17B-66 et seq., and receives a regular appointment pursuant to 4A:4-5.1(a). For those positions that do not fall under the statutory authority of the PTC, an applicant must successfully complete comparable training that is conducted by a Federal, State or county agency and is substantially equivalent to the requirements of a basic training course of a municipal police officer approved by the New Jersey PTC. "Permanent police officer" under a non-civil service jurisdiction means a full-time police applicant who receives certification of successful completion of the basic training course approved by the Police Training Commission (PTC) pursuant to 52:17B-66 et seq., and is employed in a regular budgeted position. For those positions that do not fall under the statutory authority of the PTC, an applicant must successfully complete comparable training that is conducted by a Federal, State or county agency and is substantially equivalent to the requirements of a basic training course of a municipal officer approved by the New Jersey PTC.

"PERS" means the Public Employees' Retirement System created pursuant to 43:15A-1 et seq.

"Police officer" shall have the meaning ascribed to that term by P.L. 1989, c. 204 (43:16A-1 ).

"Police powers" means the statutory authority, under the appropriate circumstances in accordance with law, to arrest and detain and to control the actions of the public, or those individuals who come under the jurisdiction of the public employer's jurisdiction.

"Police Training Commission," which is established pursuant to 52:17B-70, shall mean an agency authorized to establish physical and mental fitness requirements applicable to the position of municipal police officer.

"Position" means a job title.

"Retirement System," "System" or "PFRS" means the Police and Firemen's Retirement System of New Jersey as defined in 43:16A-2.

"Years of service" means the amount of membership service credited to the member's PFRS account.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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